ILNews

Start Page: Is your data in the cloud really out of (your) control?

December 4, 2013
Back to TopCommentsE-mailPrintBookmark and Share

WilsonI found a cloud-based software program that did everything I wanted it to do. It worked smoothly on all my devices. Then, I get the email, the one that says “We are happy to announce our new website. You are going to love the new features!” I ask, “Why fix something that’s not broken?”

Soon, you will have the same experience. In today’s rapidly changing technology environment, programmers update software frequently. Your choice: accept the changes or move on. When was the last time you went more than a day without an update request from your smartphone?

Cloud-based solutions offer economy and portability. You can access client information from anywhere. Updates are handled automatically. It’s a great time to be alive for a mobile lawyer!

But, that convenience can be a double-edged sword. Just when you learn how to use and operate the software, it can change. Some changes are good, such as updates to security flaws and other “behind the scenes” issues. Others can improve productivity. Other times, there are drastic changes, like complete site re-designs. Further, if the company goes under, what happens to your data?

If your data is in the cloud, do you know where it is? Do you know who has access to it? Is your data stored in the United States? Is it stored securely? Is the data commingled with other users’ data? If you want to move to another program, how easy is it to get your data out of the cloud-based software? Because it is web-based, what happens if your Internet connection is lost? Before jumping into the latest and greatest offering from the world of cloud computing, you need to understand the risks and benefits.

One way to understand cloud computing is to talk with your IT professional. Also, take a minute to read the new American Bar Association Model Rules of Professional Conduct. The ABA recently changed Model Rule 1.1 and the comments to Model Rule 1.1 to expand the lawyer’s duty to “keep abreast of changes in the law and its practice” by now specifically including the requirement to understand “the benefits and risks associated with relevant technology.” Model Rule 1.1 [8]. When your data is in the cloud, you are no longer in control.

Why bother with cloud computing? The answer is simple: in a few years, you will not have a choice. Every software application will be cloud-based. When is the last time you purchased a new computer that came with physical installation discs? Take a look at what Microsoft has done with Windows 8, stating that it is “Your Windows, everywhere.” The idea is that the software is central and all devices connect to that software for the same user experience. The cloud is where all your information lives. Apple is no different, pushing user data and software to iCloud. Google launched Google Drive and a web-based suite of office software.

There are many benefits of cloud computing. Upgrades and updates are obsolete. Your provider handles backups. Given the increased privacy concerns around use of data, providers should have a vested interest in keeping your information secure. Or do they?

You probably know that the software on your devices and the websites you visit collect data about you while you search the Web. Have you ever shopped for shoes and then noticed that the next time you checked your webmail account, you see ads for those same shoes? It’s not an accident; it’s called tracking and most websites do it.

Another risk is a specific type of hacker called a “hacktivist.” According to Wikipedia, hacktivism is “the use of computers and computer networks to promote political ends, chiefly free speech, human rights, and information ethics.” An example of the danger of this type of hacker is the law firm that successfully defended a client in an action, and the hacker feels that the law firm shouldn’t have won. The hacker hacks the law firm and potentially destroys the firm, all because of ideology. Think it can’t happen? It already has. (Google “anonymous-may-have-completely-destroyed-military-law-firm”). In fact, the FBI has warned that law firms have been the subject of hack attempts.

So, are things really out of your control? The classic lawyer answer is: it depends. If you use or are considering using web-based applications, take these three steps. First, get your client’s permission through informed consent. Second, know where your data is, who has access to it, how secure it is and how to get to it when needed. Third, ask for help. Your IT professional and other lawyers can help you navigate this exciting new frontier.•

__________

Seth Wilson is an attorney with Hume Smith Geddes Green & Simmons LLP in Indianapolis. In addition to practicing law, he helps manage the day-to-day technology operations of the firm, and frequently speaks and advises on legal technology issues. The opinions expressed are those of the author.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Annaniah Julius annaniahjmd@ymail.com Ashlynn Ong ashlynnz@hotmail.com Baani Khanna baani2692@gmail.com boatcleaners info@boatcleaners.nl DEBBIE BISSAINTHE bissainthe56@yahoo.com Diane Galvan dianegalvan@ymail.com Dina Khalid dina.shallan@gmail.com - dinashallan@gmail.com Donna Isaiah donnaisaiah@hotmail.ca donnikki donnikki@att.net Emily Hickman emilyhickman78@yahoo.com Emma emmanoriega18@yahoo.com estherwmbau2030 estherwmbau2030@gmail.com Freddeline Samuels freddeline.samuels@gmail.com Ilona Yahalnitskaya ilona10@optonline.net Jasmine Peters jasminepeters79@ymail.com Jessica Adkinson jessica.adkinson@gmail.com - jessicaadkinson@gmail.com Jimmy Kayastha doc_jim2002@yahoo.com Jonnel Tambio syjam1415@gmail.com Katarzyna katet2806@gmail.com Katie Ali katieali.rpn@gmail.com Leah Bernaldez leij1221@gmail.com linda sahar tarabay ltarabay65@hotmail.com Ma. erika jade Carballo mej_carballo1993@yahoo.com mark voltaire lazaro markvoltaire_lazaro@yahoo.com mawires02 mawires02@gmail.com Narine Grigoryan narinegrigoryan1993@gmail.com Richie Rich richie.2022@gmail.com siya sharma siyasharma201110@gmail.com Steven Mawoko rajahh07@gmail.com vonche de la cruz vonchedelacruz@yahoo.com

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

ADVERTISEMENT